Legal Question in Real Estate Law in Louisiana

Why Should I Sign A Quit Claim Deed?

I am the residuary legatee of an estate settled in 1998. Today I am being asked to sign a quit claim deed. It seems that 30 years ago the estate I would later inherit sold a piece of property. Now the owner wants to sell it & can't get a clear title because of a 0.15 portion of the property that he somehow does not own.

I am asked to sign the quit claim to unencumber this property. My question: What is

my legal recourse? And what would be an appropriate ''consideration'' for compensation for me to sign? Thank you very much.


Asked on 7/05/06, 9:26 pm

1 Answer from Attorneys

Roger Traversa Arjont Group (Law Office of Roger Traversa)

Re: Why Should I Sign A Quit Claim Deed?

Usually people sign these things without compensation because they are decent people and don't want to hold up other decent people over what are minor issues.

You legal recourse is to wait for the parties to sue you in chancery seeking to compel your action and potentially damages for interfering in their transaction and being a butthead in general. Your legator devised him or herself of a piece of property more than three decades ago for what s/he thought was just compensation.

The legator then left you a legacy of which s/he thought you were deserving. I think you should consider what the legator would have done, and then do the right thing no matter what.

There are potential options that could really tie you up if you try to play any games with this situation. Think about having to pay back taxes on that parcel for all that time, where the property owner was paying taxes that he didn't rightly have to pay, or maybe being left with that sliver of property and any bills associated with it where that piece is useless. Or maybe they could just seek to prove they possesed the property.

Nevertheless, by all means, ignore all this free advice and go pay an attorney for his/her time and advice to help you protect your asset.

Regards,

Roger Traversa

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Answered on 7/05/06, 10:50 pm


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